musicNEWS:
Kazaa Sues Record Companies for Copyright Infringement
09-24-03
Keavin
.
Turn about is fair play; at least that is
what must be going through the minds of executives at Sharman Networks
Ltd., which distributes the Kazaa P2P software.
The company was sued by the labels and
movie studio last year for distributing software that allows people to
share copyrighted material.
Now the company has turned the tables on
their accuses and filed a counter suit. In their Federal countersuit, Sharman
claims that the record labels and film studios violated the company’s copyright
by conspired to use the Kazaa network to distribute “unauthorized versions”
of their free Kazaa software. An apparent move by the media companies in
their fight against illegal file trading. (perhaps the programs were altered
in someway that favors the media companies?)
The countersuit also reopens antitrust
allegations against the media companies, that had previously been dismissed
by a Federal judge. The antitrust claims stem from the media companies
allegedly barring Sharman and a partner company, Altnet, from using the
Kazaa network to distribute legal copies of music and film.
Sharman alleges that the film and music
companies are working together to put them out of business, so that they
can “monopolize” online digital distribution on music and films
The "monopolistic purpose of this conspiratorial
conduct is to drive distributors of content using peer-to-peer platforms
out of business," Sharman's suit alleges. The copyright holders' "purpose
is to limit the means for future digital distribution of either music or
major theatrical works in a way that the (studios and record labels) can
in the future more directly control the relevant markets."
Sharman also claims that their eventual
goal was to move users of Kazaa away from the sharing of illegal material
and instead have them take advantage of the legal material distributed
through Kazaa by their partner’s Altnet.
Here it is in legalese; "By relegating
non-(copy protected) files to a subordinate and comparatively unattractive
access location...Sharman intended to promote and encourage only business
appropriate file sharing and to share the net payments for (copy protected)
works lawfully exchanged by users of the (Kazaa) software with Altnet,"
the suit says.
Sharman’s suit claims that there were talks
with executives at the several major music companies about using Altnet
for legal distribution. The suit names executives from Universal Music,
Warner Brothers Records, Warner Music and Interscope Music that they claim
showed an interest in testing the Altnet-Sharman service but then dropped
out after being advised by either their lawyers or other unnamed individuals
to stop all communications with Altnet.
more
on Kazaa
tell
a friend about this article
know
of a news item we should cover?
antiMUSIC
News featured on RockNews.info and ARTISTdirect
NewsWire
.
|